Interplay Countersuing Bethesda

October 19, 2009 -

The Fallout continues in court between Bethesda and Interplay over the deal that gave Betheda the rights to Fallout 3, Fallout 4 and Fallout 5.

According to a post on the Raging Bull forums by a user named frymuchan, Interplay has gotten a 10-day extension to answer a preliminary injunction filed by Bethesda. The crux of the issue seems to be that Bethesda is upset that Interplay started selling the original Fallout games after Fallout 3 was released. Interplay asserts that it retained those rights when it licensed out the future Fallout games to Bethesda.

Also, the post mentions that Interplay is countersuing Bethesda over assertions that Bethesda made to third parties in reference to the licensing agreement, hurting Interplay's business.

In regards to the Fallout MMO:

Interplay is stating that they fulfilled all rights of the agreement and told Bethesda such in a letter that posted prior to the agreement date in April of 2009, but Bethesda suddenly told Interplay, for no good reason, that they can no longer develop Fallout MMORPG. (Thus, Interplay is implicityly acknolwedging that they raised the requisite 35 million, which is very, very good news). Interplay was not allowed to sublicense the Fallout MMORPG out, as part of the original agreement, but Interplay craftily avoided this by not assigning any rights to Masthead Studios. Masthead studios is simply a technology and finance raising venture. Masthead does not get any rights to Fallout and was not sold Fallout MMORPG (sublicensing).

Frymuchan, who makes no secret that he is pro-Interplay, posted a followup as well:

What really blew me away was that Interplay argued in their court documents that Bethesda breached the contract and messed with Interplay every step of the way (such as sending letters to everyone that Interplay tried to sell the original Fallout games to) to such an extent that the contract is now null and void and therefore the former contract is in effect which states that Interplay owns the Fallout license and Bethesda sublicenses it and only has rights to Fallout 3 and Fallout 4 and Fallout 5. Instead of Interplay oweing Bethesda royalties from Fallout MMORPG, Bethesda should pay Interplay royalties from Fallout 3, in excess of 15-20 million (estimated) as well as damages to Interplay's name, etc. What an amazing, brilliant legal stroke that would be if Interplay pulled this off and REGAINED the Fallout license (AMAZING LEGAL SWITCHAROO) and to boot got a huge, huge settlement from Bethesda to use toward remaking their old games and/or toward Fallout MMORPG.

It will be interesting to see how this plays out in the courts, since there is obviously no love lost between Interplay and Bethesda, particularly given the huge success of Fallout 3 and the subsequent calmor over the revelation of the Fallout MMO. We'll continue to follow this once the 10-day extension is up.


Comments

Re: Interplay Countersuing Bethesda

My opinion IS fact. Deal with it.

--------------------------------------------------

I LIKE the fence. I get 2 groups to laugh at then.

-------------------------------------------------- I LIKE the fence. I get 2 groups to laugh at then.

Re: Interplay Countersuing Bethesda

You've lost what little credibility you had left with a statement like that.

Re: Interplay Countersuing Bethesda

Like I care if I have credibility in your eyes. Get over yourself.

Come to think of it, who the hell ARE you anyway?

--------------------------------------------------

I LIKE the fence. I get 2 groups to laugh at then.

-------------------------------------------------- I LIKE the fence. I get 2 groups to laugh at then.

Re: Interplay Countersuing Bethesda

if ti had more balance and equipment it not be a shallow shoot fest like bioshock >>


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Interplay Countersuing Bethesda

I've also only ever played ONE game more buggy, glitchy and down-right broken straight out of the box. Ironically this game was Call of Cthulhu:Dark Corners of the Earth, also by Bethesda. At least they sorta fixed FO3 mind, they just abandoned CoC and let the fans make patches to get past a couple of game-killingly broken sections.

Well, more accurately, Bethesda refused to finance the developers to make the patches.

--------------------------------------------------

I LIKE the fence. I get 2 groups to laugh at then.

-------------------------------------------------- I LIKE the fence. I get 2 groups to laugh at then.

Re: Interplay Countersuing Bethesda

beth just published COC, and damn that was one fo the ebtter games I have ever palyed bugs be damned, FO3 sucks in comparasion...


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Interplay Countersuing Bethesda

Yeah, but my point is that Bethesda refused to grant additional funding for the game to actually ensure it WORKED, and then when it emerged it was badly broken and needed patching, refused to fund the development of the patching, and eventually forced the developers to shut-down.

--------------------------------------------------

I LIKE the fence. I get 2 groups to laugh at then.

-------------------------------------------------- I LIKE the fence. I get 2 groups to laugh at then.

Re: Interplay Countersuing Bethesda

Ah is not modern media grand?


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

 
Forgot your password?
Username :
Password :

Poll

Which Feminist Frequency video are you looking forward to most?:

Shout box

You're not permitted to post shouts.
Wonderkarpgoogle fiber coming to atlanta georgia. I'm gonna try to get a transfer to atlanta just to get google fiber. lol01/28/2015 - 9:13am
Wonderkarpotherwise Its just going to feel like another unnecessary reboot to me01/28/2015 - 9:09am
Wonderkarpmy god, thats an awesome ghostbusters cast. why couldnt it just be a sequal and not a reboot though!? I hate Reboots and I'd rather have a new story with new characters than a gender swapped rehash. Throw in Dan Aykroyd to link the two franchises.01/28/2015 - 9:08am
E. Zachary KnightThe mandatory free trial aspect was one of my favorite features and I was greatly disappointed when they ended that part of it.01/28/2015 - 8:31am
E. Zachary KnightMecha, I never considered that a problem as the Ouya is capable of rendering games at a better than PS2 capability. However, the ease of development for Android has greatly lowered the bar for the vast number of games published for Android based systems.01/28/2015 - 8:30am
MechaTama31Goth_Skunk: It's not too late for CiVIlization... ;)01/28/2015 - 12:40am
MechaCrashI thought one of its other big issues was all the "quality" of phone games with all the portability of your television.01/27/2015 - 11:34pm
E. Zachary KnightApparently, people did not want a $100 console, they wanted a $200 one for a $100 price tag.01/27/2015 - 11:18pm
E. Zachary KnightI remember when people were demanding Ouya used the new and untested Tegra 4 processor rather than the tried and true Tegra 3, increase the RAM to 2Gigs and various other expensive addons.01/27/2015 - 11:17pm
ConsterCraig: perhaps I should've used the word "unreasonable", as in people clamoring for stretch goals that would guarantee they lose money on each deck.01/27/2015 - 10:04pm
Andrew EisenIt's my favorite movie. I'm looking forward to it as well.01/27/2015 - 9:16pm
Goth_SkunkI grew up idolizing Ghostbusters. I'm extremely excited to see another film.01/27/2015 - 8:52pm
Goth_SkunkEscapist -- via Hollywood reporter -- gives us a glimpse at the probable cast of the new Ghostbuster's movie: http://ow.ly/I3GyZ01/27/2015 - 8:51pm
Craig R.Nearly $4.2m in a week for Exploding Kittens. Can anything truly be unrealistic at this point?01/27/2015 - 8:50pm
prh99I am sure. Just have no interest in tropes in general or her take on gender portrayal.01/27/2015 - 7:44pm
Goth_SkunkI personally enjoy replacing letters with numbers in titles of movies and games. I think Firaxis missed out on a huge chuckle by calling it "Civilization V" and not "CiVilization."01/27/2015 - 7:20pm
Andrew EisenI bet I can guess how you voted!01/27/2015 - 7:02pm
prh99Never actually watched one, probably won't start.01/27/2015 - 6:15pm
E. Zachary KnightConster, when are unrealistic stretch goal demands anything new? They happen in every Kickstarter I have seen.01/27/2015 - 5:58pm
E. Zachary KnightAE: You forgot the "The video that conforms to my preconceived ideas about gender in games" option.01/27/2015 - 5:56pm
 

Be Heard - Contact Your Politician